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Can a Trademark Application be opposed?

Opposition is available on the basis of the following:

 

  • proprietary rights
  • the mark is descriptive
  • the mark is not distinctive
  • the mark is misleading, deceptive or disparaging
  • breach of copyright
  • rights of notorious or well-known mark
  • registration in the name of the agent or other representative of the proprietor of the mark
  • rights of trade names
  • registered design rights
  • rights in a personal
  • the mark is generic
  • the mark is against public policy or principles of morality

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